Injury From Fall in Work Parking Lot Covered Under Workers Comp

The case of Lincoln University v. Narens was decided by the Western District of the Missouri Court of Appeals on April 12, 2016. The injured worker hurt on the job worked for the university in a building on campus. After work she started walking to her car parked in a lot on campus employees were told to park in. She walked down a ramp, turned right onto a sidewalk leading to the parking lot, then stepped to the right to let some students pass. As she stepped to the right her foot landed on a steep edge of the sidewalk and her right ankle turned, causing her to fall to her left and break her left ankle.

When Narens hired an attorney to file a claim for Missouri workers compensation benefits the university as her employer denied it, claiming she was not actually working at the time she fell. Missouri workers’ compensation law says that for an injury to be considered compensable as work-related it cannot have been just as likely to have occurred due to a risk unrelated to the injured worker’s employment that the worker would have been equally exposed to outside of and unrelated to employment in normal nonemployment life. Employer’s defense lawyer claimed that the university worker who fell on the sidewalk should not be entitled to any workman’s compensation benefits because she would have been equally exposed to the risks of walking outside of work.

The administrative workers compensation judge who heard the case decided that the injured worker who fell on the sidewalk on campus on her way to the campus parking lot where her car was parked had fallen as a “result of an unsafe condition that [she] was exposed to due to her employment.” In other words, Ms. Narens would not have even been trying to cross that dangerous sidewalk if she had not been working at the university and needed to cross it to get to her car parked on a university lot where she was allowed to park.

It’s true that in the anti-worker, pro-employer 2005 amendments to Missouri workers compensation law specifically said the Missouri legislature deliberately intended to “abrogate” (end or undo) the so-called “extension of premises doctrine” where accidents occur on property not owned or control by the employer even it occurs on a route used by its workers to get to work. But in Narens’ case the university did in fact own and control the sidewalk where she was injured, whether or not she was actually working at the time or just on her way back to her car parked on a campus lot, and off work she would not have been exposed to the hazard of falling on it if she had not been at work then left work on her way to get her car parked on the campus lot.

This just goes to show that employers and their insurance paying Missouri workers compensation benefits will go out of their way to deny benefits if they think Missouri Workers Compensation Law gives them a good loophole they can use to get out of having to pay any benefits. Since the legislature passed many changes/amendments to the law to make it much harder for the workers injured on the job to get Missouri workers compensation benefits, she will very often have no choice but to hire a good Missouri workers compensation lawyer to file a claim and fight to get her all the benefits her company denied her because they thought the law gave them an excuse to deny it.

A good, experienced hard-fighting workers compensation attorney can gather up all the medical treatment records and send you the injured worker hurt on the job out for an evaluation by medical experts who will work in you the employee’s interests and enable you the injured worker to prove your case to a workmen’s compensation judge. That attorney will work to overcome your employer’s picky little excuses they always try to latch onto to deny you benefits. If you get hurt on the job in the course of your work for an employer, you need to go consult and then hire a good attorney to fight for your rights to enforce your rights to workers compensation benefits that the company has denied you.

If you get hurt on the job in the course of your work for an employer, you need to go consult and then hire a good attorney to fight for your rights to enforce your rights to workers compensation benefits that the company has denied you. Often as in Narens’ case employers and their workers’ compensation insurance have to be dragged kicking and screaming into paying you the injured even the most basic Missouri worker workers’ compensation benefits.

St. Louis Workers Compensation Center can defend your rights to workers compensation benefits and demand treatment and money benefits. We can help you fight to enforce your legal rights to benefits. Please call Tom Hyatt for advice and assistance on any work-related injury suffered on the job in either Jefferson County, St. Louis City, St. Louis County, St. Charles County, Warren County, Ste. Genevieve County, St. Francois County, Lincoln County, Franklin County, Montgomery County, or any other counties in eastern Missouri within 150 miles of the greater St. Louis metropolitan area.

Our consultations are completely free of charge. We can fight to keep the company from cancelling or underpaying or refusing to pay your benefits. Tom Hyatt will talk to you about your case right away. He will fight as hard he can to enforce all of your rights to Missouri workers compensation benefits. Our attorney’s fee would be a modest percentage of the Missouri workers’ comp disability benefits we get for you. Please call now for a free consultation. (See Contact Us).

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Workmen’s Compensation Lump Sum Permanent Disability Awarded

The case of Jennifer Thomas v. Forsyth Care Center was decided by the Southern District Missouri Court of Appeals on March 22, 2016. Ms. Thomas was injured on the job at the nursing home she worked at, hired an attorney to file and fight a workmen’s compensation claim for her, and was first given a temporary award of worker’s compensation benefits. Her employer and their workers’ comp insurance company refused to pay her the benefits awarded her. Eventually her lawyer won for her permanent total disability benefits and medical treatment benefits.

After that Ms. Thomas filed a motion for “commutation” of her compensation benefits, asking for them to be awarded to her into a lump sum payment. Her employer and their insurance company ignored the original temporary order to pay the employee’s workers’ compensation benefits and then ignored the order to pay permanent disability benefit. They appealed the order by the Labor and Industrial Relations Commission to pay her all benefits in a lump sum to the Court of Appeals. On top of that the employer and its workmen’s comp insurance company forced its work-injured employee, Ms. Thomas, to go out and pay her own medical bills for all treatment for her work injury first, and only then submit the bills the them for reimbursement to her, refusing to pay such bills directly.

The Missouri Court of Appeals affirmed the decision and order of the Missouri Labor and Industrial Relations Commission which ordered the lady’s former employer and their workmen’s compensation insurance company to pay all those benefits in a lump sum, pointing out the great hardship to the injured worker their refusal to pay her benefits and forcing Ms. Thomas to first pay her own medical bills before they would reimburse her caused on her.

One good reason a worker injured on the job in a work accident really should consult and hire a lawyer is that even when the company finally sends you out to a doctor for treatment, the doctors they choose for treatment will do everything they can to deny or minimize the worker’s injuries. They will go out of their way to blame any of your work injuries on pre-existing degeneration (like arthritis) or previous injuries they can find or come up with. A good, experienced hard-fighting workers compensation attorney can gather up all the medical treatment records and send you the injured worker hurt on the job out for an evaluation by medical experts who will work in the employee’s interests and enable you the injured worker to prove your case to a workmen’s compensation judge.

If you get hurt on the job in the course of your work for an employer you need to go consult and then hire a good attorney to fight for your rights to enforce your rights to workers compensation benefits that the company has denied you.

As the Thomas case shows, often employers and their workers’ compensation insurance companies have to be dragged kicking and screaming into paying the workers’ compensation benefits a judge has already awarded to the their employees injured on the job in an accident or work-related repetitive motion occupational disease such as carpal tunnel syndrome.

St. Louis Workers Compensation Center can defend your rights to workers compensation benefits and demand treatment and money benefits. We can help you fight to enforce your legal rights to benefits. We can fight to keep the company from cancelling or underpaying or refusing to pay your benefits. Please call Tom Hyatt for advice and assistance on any work-related injury suffered on the job in either St. Louis City, St. Louis County, Franklin County, Jefferson County, St. Charles County, Warren County, Lincoln County, Montgomery County, Ste. Genevieve County, St. Francois County, or any other counties in eastern Missouri within 150 miles of the greater St. Louis metropolitan area. Our consultations are completely free of charge. Tom Hyatt will talk to you about your case right away. He will fight as hard he can to enforce all of your rights to Missouri workmen’s compensation benefits. Our attorney’s fee would be a modest percentage of the Missouri workers’ comp disability benefits we get for you. Please call now for a free consultation. (See Contact Us).

That includes a lot of towns and cities from the City of St. Louis; Ballwin, Bellefontaine Neighbors, Berkeley, Black Jack, Chesterfield, Crestwood, Creve Coeur, Dellwood, Ellisville, Eureka, Fenton, Ferguson, Florissant, Hazelwood, Kirkwood, Jennings, Manchester, Maryland Heights, Normandy, Overland, Pacific, Pine Lawn, Rock Hill, St. Ann, St. John, Sunset Hills, University City, Valley Park, Vinita Park, Webster Groves, Wildwood in St. Louis County; Augusta, Cottleville, Dardenne Prairie, Defiance, Foristell, Harvester, Lake St. Louis, O’Fallon, St. Charles, St. Peters, Weldon Springs, Wentzville and West Alton in St. Charles County; Beaufort, Gerald, Gray Summit, Labadie, Lonedell, Mt. Hope, New Haven, Pacific, Robertsville, St. Clair, Stanton, Sullivan, Union, Villa Ridge and Washington in Franklin County; Elsberry, Foley, Hawk Point, Millwood, Moscow Mills, Old Monroe, Olney, Silex, Troy, Truxton and Winfield in Lincoln County; Arnold, Barnhart, Byrnes Mill, Cedar Hill, Crystal City, De Soto, Dittmer, Festus, Grubville, Fletcher, Herculaneum, High Ridge, Hillsboro, House Springs, Imperial, Kimmswick, Olympian Village and Pevely in Jefferson County; Aspenhoff, Bernheimer, Corcord Hill, Hollstein, Hopewell, Innsbrook, Marthasville, Minden, Pendleton, Pinckney, Truesdale, Warrenton and Wright City in Warren County; as well as many other towns and cities in the counties listed above and all other counties in eastern and central Missouri.

Our consultations are completely free of charge. Tom Hyatt will talk to you about your case right away. He will fight as hard he can to enforce all of your rights to Missouri workmen’s compensation benefits. Our attorney’s fee would be a modest percentage of the Missouri workers’ comp disability benefits we get for you. Please call now for a free consultation. (See Contact Us).